NoLimit

I was rejected for the same reason. But guess what? I filed an Advisory Opinion, and they found out my visa was misprinted, and I wasn't subject to the 212(e) in the first place! Anyway, after a long wait and a motion to reopen ($$$), I got approved...

Hi! Thank you for the reply, my visa is also misprinted with 2-year rule and I need to request an advisory opinion so it will all come down to proving that the au pair agency I used was not sponsored by any government. I sent them an email and they are not too willing to cooperate. They said that when au pairs do not return, it negatively affects their program as well as visa approval rates. Did you have a lawyer request an advisory opinion? If so, could you share his/her info? Any advice on requesting advisory opinion is greatly appreciated. Thank you!

Please help!!! Subject to 212 (e) BY MISTAKE :'(((

I was a participant of InterExchange Au-Pair program and came to the US on a J1 visa. I believe US Embassy had erroneously subjected me to a Two-Year Home Country Physical Presence Requirement, also known as INA 212 (e). Neither square on my DS-2019 regarding 2-year rule is marked, but there is a stamp in my passport that reads "Bearer is subject to Section 212 (e)", which brings me to a conclusion that US Embassy made this determination based solely on the assumption that Au-Pair program in which I had participated was sponsored by the government.

There are three instances that may subject a J-1 visa holder to a 2-year rule: A. Government funded Exchange Program; B. Specialized knowledge or skill; or C. Graduate medical education/training. I was not a medical student when I participated in this program, nor did I come to the US to obtain such education or training; further, my country does not appear on the Exchange Visitor Skills list, which means that could not have been a basis for the 2-year rule and finally my participation in exchange program was not sponsored directly or indirectly by either American or my country's government, therefore Two-Year Home Country Physical Presence Requirement should not apply to me.

The reason that the visa officer assumed that I may be subject to this rule is because my pink form states that I was receiving financial support. What the officer did not know was that such support came from the host family that I was assigned to. If I was subject to this rule, the appropriate square on the pink form should have been marked. Moreover, if such selection is to be made, a basis for the rule also must be stated on the form according to three choices provided (A, B, or C). No such steps have been taken, which again shows that I should not have been subject to this rule.

I have consulted several attorneys but since none of them had dealt with this kind of situation in the past they suggested applying for a waiver which in my case would be impossible to get because my country no longer issues No Objection letters. No other basis for the waiver aply to me.

Thank you for any input you can provide!

Hi! I am in the same position your wife was. I came as an Au Pair and got Rule 212 (e) stamped into my passport even though none of the basis for it applied to me. Could you let me know how you went about requesting an advisory opinion from DOS (can you share your lawyer's info?) and if the whole adjustment of status was successful? I am extremely stressed out just like you were and truly appreciate any info and advice. THANK YOU!